Ho.  Doc.  No.  15.] 


FSks.  1854- 


L 


TO  PROHIBIT  THE  SALE  OK 


RALEIGH: 


W.  w.  HOLDEN,  PRINTER  TO  THE  STATE. 


[introduced  by  Mr.  Jordan. — Passed  first  reading,  or¬ 
dered  to  be  printed,  and  referred  to  Committee  on  Judiciary. 
December  4,  1S54.] 


A  BILL 

TO  PROHIBIT  SALE  OF  SPIRITUOUS  LIQUOR* 
&c.,  TO  FREE  PERSONS  OF  COLOR. 

Whereas,  it  is  a  subject  of  general  complaint, 

2  tliat  the  free  persons  of  color  of  tliis  State  carry  on  an 

3  unlawful  traffic  with  the  slave  population  thereof,  by 

4  purchasing  clandestinely  with  ill-gotten  means,  for 

5  the  use  and  benefit  of  said  slaves,  articles  of  contra- 

6  band  trade,  to  wit  1  spirituous  liquors,  fire-arms,  pow- 

7  der  and  shot,  to  the  manifest  annoyance  and  injury  of 

8  the  owners  thereof. 

Sec.  1.  Now  be  it  enacted  by  the  General  Assembly  of 

2  the  State  of  North  Carolina ,  and  it  is  hereby  enacted  by 

3  the  authority  of  the  same ,  That  from  and  after  the  rat- 

4  ideation  of  this  Act,  it  shall  not  be  lawful  for  any  per 

5  son  or  persons  to  sell  and  deliver  to  any  free  person 

6  of  color,  spirituous  liquor,  fire-arms,  powder  or  shot, 

7  for  his  own  use  and  benefit,  or  the  use  and  benefit  of 

V 

8  any  slave  or  slaves ;  and  if  any  person  or  persons  shall 

9  violate  the  provisions  of  this  Act,  he  or  she  shall  for 

10  feit  and  pay  the  sum  of  $100,  to  be  recovered  by 

11  warrant  before  any  Justice  of  the  Peace ;  one-half  to 

12  the  use  of  the  party  sueing,  the  other  to  the  wardens 

13  of  the  poor  of  the  county. 

Sec.  2.  And  moreover  ^  Shall  be  indictable  in  the 

2  county  or  Superior  Courts  of  Law  ;  and  the  defendant 

3  on  conviction,  shall  be  fined  or  imprisoned,  at  the  dis> 


d£ijy\..«£  '  ** 


13S- 


4-  crotion  of  the  Court;  and  if  it  shall  appear  on  the 
5  trial  that  the  defendant  is  a  retailer  of  spirituous 
d  liquors,  lie  or  she  shall  forfeit  his  or  her  license,  and 

7  shall  be  incapable  of  taking  a  new  license  for  two 

8  years  from  and  after  the  date  of  said  conviction. 


| 


House  Bill,  No.  13.]  [Ses.  1858-9. 

Introduced  by  Mr.  Waddill,  of  Stanly. 

Holden  &  Wilson,  Printers  to  the  State. 


A  BILL  FOB  THE  MOBE  EFFECTUAL  SUPPBESSION 
OF  TBADING  WITH  SLAVES. 

Be  it  enacted  by  the  General  Assembly  of  the  State  of 

2  North-  Carolina ,  and  it  shall  be  enacted  by  the  authority  of 

3  the  same ,  That  the  39th  chapter  and  89th  section  of  Be- 

4  vised  Code  be  amended  as  follows  :  In  5th  line,  after  the 

5  word  accordingly — and  upon  second  conviction  shall  re- 

6  ceive  thirty-nine  lashes. 


,*  '  - 


. 


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.  ■  .<  ,  !  '  • 


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!  ••  4 *,1  .  T  t  4  4'.  •'  ‘ 


: 


& 


House  Bill,  Ho.  15.]  [Ses.  1858-’9. 

Introduced  by  Mr.  Green,  of  Franklin. 

Holden  &  Wilson,  Printers  to  the  State. 


A  BILL  TO  PREVENT  THE  SALE  OF  SPLPJTUOUS 
LIQUORS  TO  FREE  PERSONS  OF  COLOR. 

Sec.  1.  Be  it  enacted  by  the  General  Assembly  of  the 

2  State  of  North- Carolina,  and  it  is  hereby  enacted  by  the 

3  authority  of  the  same ,  That  no  person  shall  sell  or  deliver 

4  to  any  free  person  of  color,  for  cash  or  in  exchange  for  arti- 

5  cles  delivered,  or  upon  any  consideration  whatever,  or  as 

6  a  gift,  any  spirituous  liquor,  or  liquor  of  which  alcohol  is 

7  an  ingredient,  except  upon  the  written  certificate  of  some 
.  8  practicing  physician  stating  that  the  same  is  necessary  for 

9  medicinal  purposes. 

Sec.  2.  Be  it  further  enacted ,  That  any  person  who 

2  shall  offend  against  the  provisions  of  the  foregoing  section 

3  shall  be  deemed  guilty  of  a  misdemeanor,  and,  upon  con- 

4  viction  thereof  in  any  court  of  record,  shall  be  fined  not 

5  less  than  ten  nor  more  than  fifty  dollars. 

Sec.  3.  Be  it  f  urther  enacted ,  That  upon  the  trial  of 

2  any  person  for  a  violation  of  this  act,  it  shall  be  the  duty 

3  of  the  person  charged  to  produce  the  certificate  of  the 

4  physician  as  aforesaid,  and  not  the  duty  of  the  State  to 

5  negative  the  existence  thereof. 


Digitized  by  the  Internet  Archive 
in  2019  with  funding  from 
University  of  North  Carolina  at  Chapel  Hill 


https://archive.org/details/billtoprohibitsaOOnort 


b^— m— bb— — — — — — i  in  wi  mmiMimu  t  raaromggamimwMi  um'mesmtvn^ 

House  Bill,  Ho.  20.]  [Ses.  1858-’9. 

Introduced  by  Mr.  Sparrow,  of  Beaufort. 

Holden  &  Wilson,  Printers  to  the  State. 


A  BILL  to  PROVIDE  MORE  EFFECTUALLY  AGAINST 
AIDING  SLAVES  TO  ESCAPE  FROM  THE  STATE. 

Sec.  1.  Be  it  enacted  by  the  General  Assembly  of  the 

2  State  of  North  Carolina ,  and  it  is  hereby  enacted  by  the 

3  authority  of  the  same ,  That  the  eleventh  section  of  the 

4  thirty-fourth  chapter  of  the  Revised  Code,  which  pre- 

5  scribes  death  as  a  penalty  for  aiding  slaves  to  escape  from 

6  the  State,  be  and  the  same  is  hereby  repealed. 

Sec.  2.  Be  it  further  enacted ,  That  if  any  person  shall 

2  wilfully  carry  or  conceal  any  slave,  the  property  of  an- 

3  other,  without  the  consent  of  the  owner  or  the  guardian 

4  of  the  owner,  with  the  intent  and  for  the  purpose  of  en- 

5  abling  such  slave  to  escape  out  of  this  State  from  the  ser- 

6  vice  of  his  owner,  or  any  one  having  an  interest  in  such 

7  slave,  present  or  future,  vested  or  contingent,  legal  or 

8  equitable,  or  if  any  person  shall  wilfully  conceal  any 

9  slave,  the  property  of  another,  with  such  intent  and  pur- 

10  pose,  the  person  so  offending,  if  a  white  person,  shall  be 

11  imprisoned  twelve  months  and  receive  not  less  than  three 

12  public  whippings  ;  and  if  a  free  negro,  shall  receive  not 

13  less  than  one  public  whipping  and  be  sold  into  perpetual 

14  slavery;  and  if  a  slave,  shall  receive  one  or  more  public 

15  whippings,  and  be  imprisoned  at  the  discretion  of  the 

16  court,  and  be  sold  without  the  limits  of  the  State. 


,  • 


Sen.  Bill.]  [No.  3. 

Introduced  by  Mr.  Humphrey,  of  Onslow. 

Holden  &  Wilson,  Printers  to  the  State. 


A  BILL  CONCERNING  FREE  PERSONS  OF  COLOR. 

Sec.  1.  Be  it  enacted  by  the  General  Assembly  of  the 

2  State  of  North- Carolina,  and  it  is  hereby  enacted  by  the 

3  authority  of  the  same ,  That  from  and  after  the  passage  of 

4  this  act,  it  shall  not  be  lawful  for  any  free  person  of  color 

5  to  emigrate  to  this  State. 

Sec.  2.  Be  it  further  enacted ,  That  if  any  free  person  of 

2  color  shall  emigrate  to  this  State,  it  shall  be  the  duty  of 

3  the  Sheriff,  or  any  one  of  the  Constables  of  the  County 

4  to  which  such  emigration  shall  be  made,  to  arrest  such 

5  free  person  of  color,  after  giving  him  ten  days’  notice, 

6  and  bring  him  before  the  Chairman  of  the  Court  of  Pleas 

7  and  Quarter  Sessions,  and  it  shall  be  the  duty  of  the  Chair- 

8  man  of  the  Court  of  Pleas  and  Quarter  Sessions,  before 

9  whom  such  free  person  of  color  may  be  brought,  to  re- 

10  ceive  the  bond  of  such  free  person  of  color  in  the  sum  of 

11  one  thousand  dollars,  with  the  security  of  a  citizen,  to  be 

12  approved  by  him,  conditioned  for  the  removal  of  such 

13  free  person  of  color  out  of  the  limits  of  the  State. 

Sec.  3.  Be  it  further  enacted ,  That  if  any  free  person 

2  of  color  should  be  brought  before  the  Chairman  of  the 

3  Court  of  Pleas  and  Quarter  Sessions  of  any  County,  and 

4  shall  not  be  able  to  give  the  bond  as  prescribed  in  the  se~ 

5  cond  section  of  this  Act,  such  Chairman  of  the  Court  of 

6  Pleas  and  Quarter  Sessions,  shall  commit  such  free  person 

7  of  color  to  the  public  jail,  with  an  order  to  the  Sheriff 

8  to  expose  him  to  public  sale,  to  the  highest  bidder,  at  the 


2 


Senate  Bill  No.  3. 


9  Court-house  door,  of  his  County,  after  giving  four  weeks’ 

10  notice  of  the  same,  in  the  nearest  public  journal,  and  at 

11  least  four  public  places  in  his  County,  and  the  said  pur- 

12  chaser  shall  and  may  exercise  all  the  rights  of  ownership 

13  over  said  free  person  of  color,  for  one  year  from  such  sale. 

Sec.  4.  Be  it  f  urther  enacted ,  That  if  any  such  free 

2  person  of  color,  shall  during  the  year  of  such  slavery,  be 

3  able  to  give  his  bond  as  contemplated  in  the  second  sec- 

4  tion  of  this  Act,  to  take  effect  at  the  end  of  his  slavery, 

5  he  shall  be  permitted  to  do  so;  but  if  he  shall  fail  to  ren- 

6  der  the  bond,  until  after  the  expiration  of  his  slavery,  it 

7  shall  be  the  duty  of  the  purchaser  to  return  him  into  the 

8  hands  of  the  Sheriff. 

Sec.  5.  Be  it  further  enacted,  That  it  shall  be  the  duty  ot 

2  the  Sheriff*,  upon  the  return  of  any  such  free  person  ot 

3  color,  upon  giving  six  weeks’  notice  in  some  public 

4  journal,  and  at  least  four  public  places  in  his  County,  to 

5  expose  the  free  person  of  color,  so  returned,  at  public  sale, 

6  to  the  highest  bidder,  and  such  free  person  of  color  so  sold, 

7  shall  remain  a  slave  for  life;  Provided ,  That  if  any  per- 

8  son  of  color  so  sold  should  be  the  property  of  any  individual, 

9  he  shall  have  his  right  of  recovery  by  due  course  of  law. 

Sec.  6.  Be  it  further  enacted ,  All  monies  arising  from 

2  the  sale  of  such  free  persons  of  color,  shall  be  paid  over 

3  to  the  Chairman  of  the  board  of  Superintendents,  to  be 

4  appropriated  by  him  to  the  use  of  Common  Schools,  in 

5  his  County,  in  the  same  manner  as  County  taxes  for 

6  school  purposes. 

Sec.  7.  Beit  further  enacted,  That  upon  the  forfeiture  of 

2  the  bond  of  any  free  person  of  color,  the  same  shall  be 

3  placed  in  the  hands  of  the  County  Solicitor  for  collection, 

4  who  shall  prosecute  the  same  against  the  securities  only  ; 

5  and  the  amount  ot  sale,  if  such  shall  have  been  made,  of 
0  the  free  person  of  color,  shall,  in  all  cases,  be  subtracted 

7  from  the  amount  adjudged  against  the  securities,  and  the 

8  remainder  only  shall  be  recovered  of  them. 

Sec.  8.  Be  it  f  urther  enacted ,  That  two  years  shall  be 
2  allowed,  from  and  after  the  passage  of  this  act,  to  all  free 


Senate  Bill  No.  3. 


3 


3  persons  of  color  who  now  are  in  this  State,  to  remove  out 

4  of  the  same  ;  and  all  those  who  shall  be  found  here  after 

5  that  time,  without  the  permission  of  the  General  Assem- 

6  bly,  shall  be  arrested  and  sold  as  provided  in  this  act. 

Sec.  9.  Be  it  further  enacted ,  That  it  shall  not  be  law- 

2  ful  for  any  master  of  a  vessel,  or  owner  thereof,  nor  for 

3  any  other  person  or  persons  whatsoever,  to  bring,  import, 

4  induce,  aid  or  assist  in  the  bringing,  importing,  or  induc- 

5  ing  any  free  person  of  color  within  the  limits  of  this  State, 

6  directly  or  indirectly;  and  any  person  so  offending  shall 

7  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 

8  shall  be  lined  in  a  sum  of  not  les  than  five  hundred  nor 

9  more  than  five  thousand  dollars:  Provided ,  That  cooks 

10  and  other  hands  employed  on  board  of  vessels  shall  not  be 

1 1  considered  as  coming  within  the  provisions  of  this  act. 

Sec.  10.  Be  it  further  enacted ,  That  the  Governor  of 

2  the  State  do  issue  his  proclamation,  commanding  all  free 

3  persons  of  color  who  now  are  in  the  State,  to  remove  from 

4  the  same  before  the  1st  day  of  January,  1860,  and  the  Sec- 

5  retary  of  State  publish  this  act  a  number  of  times  in  all 

6  the  journals  of  this  State. 

Sec.  11.  Be  it  further  enacted,  That  all  laws  contrary  to 
2  the  meaning  and  spirit  of  this  act,  are  hereby  repealed. 


* 


'  .  .  . 


. 


■ 

. 

. 


A 


Sen.  Bill.]  [No.  5. 

Introduced  by  Mr.  Humphrey,  of  Onslow. 

Holden  &  Wilson,  Printers  to  the  State. 


A  BILL  TO  PERMIT  FREE  PERSONS  OF  AFRICAN 
DESCENT  TO  SELECT  THEIR  OWN  MASTERS  AND 
BECOME  SLAVES. 

Sec.  1.  Be  it  enacted  by  the  General  Assembly  of  the 

2  State  of  North  Carolina ,  and  it  is  hereby  enacted  by  the 

3  authority  of  the  same ,  That  it  shall  be  lawful  for  any  free 

4  person  of  African  descent,  now  in  the  State,  or  who  may 

5  hereafter  be  within  its  limits,  being  over  the  age  of  fourteen 

6  years,  to  choose  his  or  her  master,  and  become  a  slave,  upon 

7  the  terms  and  conditions  hereinafter  named  :  Provided ,  said 

8  slave  shall  not  be  subject  to  forced  sales  for  any  debt  in- 

9  curred  by,  or  judgment  rendered  against  the  chosen  mas- 
10  ter,  prior  to  the  period  of  enslavement. 

Sec.  2.  Be  it  further  enacted ,  That  whenever  any  free 

2  person  of  African  descent  as  aforesaid  desires  to  choose  a 

3  master,  such  person  may  file  a  petition  in  the  Court  of 

4  Pleas  and  Quarter  Sessions  of  the  county  in  which  he  or 

5  she  resides,  setting  forth  his  or  her  desire  to  choose  an 

6  owner,  and  stating  the  name  of  such  person  as  he  or  she 

7  desires  to  select  as  an  owner ;  which  petition  shall  be 

8  signed  by  the  petitioner,  in  the  presence  of  at  least  two 

9  subscribing  witnesses.  And  thereupon  the  clerk  of  the 

10  Court  in  which  such  petition  shall  have  been  filed,  shall 

11  give  notice  thereof  by  posting  such  notice  at  the  Court- 

12  house  door  for  four  weeks  ;  and  said  clerk  shall  issue  a 

13  summons  to  the  petitioner,  and  the  person  designated  in 

14  the  petition  as  the  proposed  master,  citing  them  to  appear 


l 


2 


Senate  Bill  No.  5. 


15  before  said  Court,  at  the  terra  thereof  next  succeeding 

16  the  expiration  of  the  publication  of  said  notice,  and  shall 
IT  also  issue  a  subpoenea  for  the  subscribing  witnesses  to  the 

18  petition,  which  summons  and  subpcenea  shall  be  executed 

19  in  the  same  manner  as  like  process  in  other  cases. 

Sec.  3.  Be  it  f  urther  enacted ,  That  upon  the  appear- 

2  ance  in  open  Court,  of  both  the  petitioner  and  the  per- 

3  son  designated  in  the  petition  as  the  desired  master,  the 

4  Court  shall  proceed  to  examine  each  party  separately,  as 

5  well  as  the  subscribing  witnesses  to  the  petition,  and  such 

6  other  person  as  the  Court  may  see  tit ;  and  at  such  examin- 

7  ation,  the  County  Solicitor  shall  be  present,  and  see  that  a 

8  full  examination  is  had,  and  he  shall  represent  the  petition 

9  in  such  examination.  And  if  upon  such  examination,  the 

10  Court  shall  be  satisfied  that  there  is  no  fraud  nor  collusion 

11  between  the  parties,  that  the  proposed  master  is  a  person 

12  of  good  repute,  and  there  is  no  good  reason  to  the  con- 

13  trary,  the  said  Court  shall  have  power,  by  decree  entered 

14  into  the  records  of  the  Court,  to  grant  the  prayer 

15  of  the  petitioners;  and  from  the  entry  of  such  de- 

16  cree,  the  property  in  said  person  of  African  descent,  as  a 
IT  slave,  shall  vest  in  the  person  so  chosen  as  master,  and  his 

18  rights  and  liabilities,  and  the  condition  of  the  petitioner 

19  shall  in  all  respects  be  the  same  as  though  such  petitioner 

20  had  been  born  a  slave  to  the  master  so  chosen. 

Sec.  4.  Be  it  further  enacted ,  That  when  any  such 

2  petitioner  as  hereinbefore  mentioned,  shall  be  a  female 

3  having  children  under  fourteen  years  of  age,  and  shall  in 

4  her  petition  ask  that  such  children  shall  become  the  slaves 

5  of  the  same  person  chosen  by  her  as  her  master,  if  the 

6  Court  shall,  after  examination  as  in  this  act  before  provided , 
T  grant  the  prayer  of  the  petitioner  as  to  herself,  it  shall  also 
S  decree  such  children  in  like  manner,  to  be  the  slaves  of 
9  the  same  owner.  Provided ,  that  where  the  mother  of 

10  such  children  of  African  descent,  under  the  age  of  four- 

11  teen  years,  shall  be  deceased,  in  that  case  the  next  friend 

12  of  such  children  shall  have  authority  in  their  behalf,  to 

13  proceed  in  the  same  manner  to  the  selection  of  a  master 


Senate  Bill  No.  5. 


3 


14  for  them,  as  the  mother  might  do  under  the  provision  of 

15  this  act. 

Sec.  5.  Be  it  further  enacted,  That  the  County  Solicitor 

2  shall  be  entitled  to  a  fee  of  ten  dollars  for  each  examina- 

3  tion  attended  by  him  under  the  provisions  of  this  act, 

4  which  shall  be  taxed  as  costs  on  the  proceedings,  and  all 

5  the  costs  of  the  proceedings  shall  be  paid  by  the  master  to 

6  whom  the  slave  may  be  decreed,  and  after  a  petition  shall 

7  have  been  filed  under  the  provisions  of  this  Act,  and  du- 

8  ring  the  pendency  of  the  proceedings  under  the  same, 

9  no  proceedings  shall  be  had  against  the  petitioner  under 

10  any  law  prohibiting  free  persons  of  color  from  remaining 

11  in  or  coming  to  this  State. 


i-J 


V 


/ 


House  Bill.]  [Ho.  1. 

Introduced  by  Mr.  Walser,  of  Davidson. 

Holden  &  Wilson,  Printers  to  the  State. 


A  BILL  TO  REMOTE  FREE  PERSONS  OF  COLOR  BE¬ 
YOND  THE  LIMITS  OF  TILE  STATE  OF  NORTH- 
CAROLINA. 


Sec.  1.  Be  it  enacted  by  the  General  Assembly  of  the 

2  State  of  North- Carolina,  and  it  is  hereby  enacted  by  the 

3  authority  of  the  same ,  That  all  free  persons  of  color  be- 

4  tween  twenty-one  and  fifty  years  of  age,  shall  remove 

5  themselves  beyond  the  limits  of  the  State  of  North-Caro- 

6  lina,  on  or  before  the  first  day  of  November,  in  the  year 

7  of  our  Lord,  one  thousand  eight  hundred  and  sixty,  and 
S  shall  not  return  to  said  State,  and  remain  for  the  space  of 
9  twenty  days  at  any  one  time. 

Sec.  2.  Be  it  further  enacted ,  That  each  of  the  several 

2  County  Courts  of  the  State  aforesaid  at  their  first  term  af- 

3  ter  the  first  day  of  April  next,  a  majority  of  the  acting 

4  Justices  of  their  county  being  present,  shall  proceed  to 

5  elect  by  ballot,  some  one  person  of  their  county,  a  County 

6  Commissioner,  on  the  subject  of  free  persons  of  color  for 

7  the  term  of  one  year,  or  until  some  other  person  shall  be 

8  elected  in  all  cases  of  an  election  as  aforesaid.  No  person 

9  shall  be  elected  until  they  have  received  a  majority  of  the 
10  whole  number  of  votes  given. 

Sec.  3.  Be  it  further  enacted ,  That  every  Commissioner 

2  aforesaid,  when  elected  shall  execute  a  bond  for  the  faitli- 

3  ful  discharge  of  the  duties  of  his  office,  with  good  and 

4  sufficient  security,  in  such  sum  as  the  Court  may  agree, 

5  payable  to  the  State  of  North-Carolina,  and  approved  of 


2 


House  Bill  Ho.  1. 


[Session 


6  by  the  Court,  at  least  seven  Justices  boing  present,  and 

7  the  Clerk  of  the  County  Court  shall  tile  and  keep  said 

8  bond  in  the  records  of  his  office. 

Sec.  4.  Be  it  f  urther  enacted ,  That  said  Commissioner 

2  shall  take  the  oath  prescribed  for  public  officers,  in  open 

3  Court. 

Sec.  5.  Be  it  further  enacted ,  That  when  the  said  Com- 

2  missioner  shall  have  fully  complied  with  section  3rd  and 

3  4th,  he  shall  proceed  immediately  in  the  discharge  of  his 

4  duty.  He  shall  visit  the  dwelling-house  and  places  of 

5  abode  of  each  and  every  free  person  of  color  in  his  coun- 

6  ty,  between  twenty-one  and  fifty  years  of  age — he  shall 

7  ascertain  the  names  and  ages  of  all  the  free  persons  of 

8  color  in  his  county,  and  the  true  valuation  of  each  one’s 

9  estate,  real,  personal  or  mixed,  and  the  said  Commissioner 

10  shall  make  out  a  fair  and  true  list  of  all  the  names,  ages, 

11  sex  and  condition,  and  the  condition  of  their  estate  in  al- 

12  phabetical  form,  and  make  a  true  return  on  or  before  Tues- 

13  day  of  the  succeeding  County  Court,  after  he  shall  have 

14  been  appointed  as  Commissioner,  and  the  said  Court  dur- 

15  ing  said  term  shall  proceed  and  levy  such  taxes  on  real 

16  and  personal  estate  belonging  to  all  free  persons  of  color 

17  and  such  poll  taxes  on  all  free  male  persons  of  color  as 

18  may  appear  reasonable,  listed  and  returned  by  said  Com- 

19  missioner,  in  their  county. 

Sec.  6.  Be  it  further  enacted ,  That  the  County  Court 

2  Clerk  shall  make  out  a  tax  list,  accordingly,  and  the  Sheriff 

3  shall  furnish  said  Commissioner  with  a  copy  of  said  tax 

4  list  within  ten  days  from  the  close  of  the  Court,  and  when 

5  the  said  Commissioner  shall  have  received  the  tax  list  afore- 

6  said,  lie  shall  proceed  to  the  collection  of  the  taxes  due  on 

7  said  list  in  the  same  manner  as  Sheriff’s  now  collect  taxes. 

8  and  the  said  Commissioner  shall  collect  and  pay  over  to 

9  the  Clerk  of  the  County  Court  of  his  county,  all  taxes  col- 

10  lected  by  him  by  virtue  of  this  Act,  within  twelve  months. 

11  in  each  and  every  year,  from  the  reception  of  tax  list,  and 

12  shall  be  liable  in  the  same  manner  as  Sheriff  s  now  are  in 

13  cases  of  failure. 


1858-9.] 


House  Bill  Ho.  1. 


3 


Sec.  7.  Be  it  further  enacted ,  That  if  any  free  person  of 

2  color  shall  wish  to  remain  in  the  State  of  North-Carolina, 

3  and  prefer  becoming  a  slave,  it  shall,  and  may  be  lawful 

4  for  any  one  of  them  to  execute  a  bill  of  sale  to  any  free 

5  white  person,  who  may  purchase  them,  the  said  free  per- 

6  son  of  color,  for  any  sum  to  be  agreed  on  by  the  County 

7  Commissioner  and  the  purchaser,  and  when  any  free  per- 

8  son  of  color  who  shall  have  first  arrived  to  the  age  of  one 

9  and  twent}r  years,  and  shall  execute  a  bill  of  sale  to  the 

10  purchaser,  the  said  free  person  of  color  for  ever  thereafter 

11  shall  cease  to  be  a  free  oerson  of  color,  and  shall  be  the  slave 

12  and  property  of  the  purchaser,  his  heirs  and  assigns,  and 

13  their  issues,  born  after  the  signing  and  sealing  of  this 

14  obligation,  shall  be  the  slave  and  property  of  the  owner 

15  in  as  full  and  ample  manner  as  the  issues  of  slaves  now 

16  are  held  by  law,  the  County  Commissioner  first  taking  a 

17  bond  with  good  and  sufficient  security  for  the  purchase 

18  money.  The  bills  of  sale  of  all  free  persons  of  color  shall 

19  be  witnessed  by  two  free  holders,  and  recorded  within  six 

20  months  after  it  is  given. 

Sec.  8.  Be  it  further  enacted ,  That  all  free  persons  of 

2  color  who  may  not  have  arrived  to  the  age  of  one  and 

3  twenty  years,  at  the  passage  of  this  Act,  but  shall  arrive 

4  to  that  age  thirty  days  previous  to  the  first  day  of  Hovem- 

5  ber,  1860,  shall  remove  themselves  at  the  time,  and  in  the 

6  same  manner  now  prescribed  for  their  removal  in  section 

7  1st,  and  all  those  arriving  of  age  after  the  year  1860,  shall 

8  leave  the  State  within  thirty  days  thereafter. 

Sec.  9.  Be  it  further  enacted ,  That  all  free  persons  of 

2  color  who  shall  fail  to  comply  with  the  first  section  of  this 

3  Act,  and  are  found  in  any  county  in  the  State  in  violation 

4  of  this  Act,  shall  be  seized  by  the  County  Commissioner 

5  of  the  county  where  they  reside,  and  by  him  committed 
0  to  the  common  jail  of  his  county,  not  exceeding  fifteen 

7  days,  and  the  said  County  Commissioner  shall  sell  the  said 

8  free  person  of  color  at  public  sale,  at  the  Court-house  door 

9  of  his  county,  to  the  highest  bidder,  first  having  advertis- 

10  ed  at  the  Court-house  door,  and  three  other  public  places 


4 


House  Bill  Ho.  1. 


[Session 


11  at  least  ten  days  previous  to  the  day  of  sale.  The  pur- 

12  chaser  shall  execute  bond  payable  to  the  County  Com- 

13  missioner,  with  approved  security  for  the  purchase  money, 

14  on  such  a  credit  as  the  Commissioner  shall  think  best,  not 

15  to  exceed  six  months. 

Sec.  10.  Be  it  further  enacted ,  That  so  soon  as  the 

2  County  Commissioner  aforesaid  shall  have  made  his  an  - 

3  nual  settlement  with  the  Clerk  of  his  county,  and  paid  all 

4  money  collected  during  the  year,  into  the  office,  both  as 

5  taxes  and  for  the  sales  made  by  the  free  persons  of  color, 

6  either  by  their  own  voluntary  act,  or  at  public  sale,  it  shall 

7  be  the  duty  of  the  Clerk  to  make  settlement  with  the  suc- 

8  ceeding  Court  for  the  same,  and  the  Court  shall  make  such 

9  allowance  to  the  Clerk  of  the  Court  and  the  Commissioner 

10  for  their  services  as  they  may  think  proper,  and  retain  such 

11  further  sums  as  they  may  adjudge  sufficient  to  maintain  all 

12  the  old  and  infirm  free  persons  of  color  in  their  county. 

Sec.  11.  Be  it  further  enacted ,  That  after  the  Court 

2  has  first  paid  out  all  expenses  incurred  by  the  Clerk  of  the 

3  county  and  Commissioner  for  their  services,  and  set  apart 

4  such  sums  for  the  maintainance  of  the  old  and  infirm 

5  free  persons  of  color  of  their  county,  it  shall  be  the  duty 

6  of  the  Court,  seven  Justices  being  present  to  direct  and 

7  cause  the  Clerk  to  pay  over  to  the  Treasurer  of  the  State 

8  all  such  sums  of  money  remaining  in  his  hands  and  not 

9  used  for  the  above  purposes,  within  one  month  after  such 

10  settlement,  and  all  such  sums  of  money  paid  into  the 

11  Treasury  of  the  State,  shall  be  applied  to  the  use  of  all 

12  such  free  persons  of  color  as  may  migrate  beyond  the  limits 

13  of  the  State,  in  such  manner  as  the  Governor  may  direct, 

14  either  in  their  removal  or  in  the  purchase  of  lands  for  their 

15  use  in  any  State  or  Territory  of  the  United  States,  or  in 

16  any  foreign  country. 

Sec.  12.  Be  it  further  enacted ,  That  for  the  purpose  of 

2  carrying  out  the  provisions  of  this  Act,  the  Governor  of 

3  the  State  shall  have  the  full  power  and  authority  to  ap- 

4  point  any  number  of  Commissioners  on  the  part  of  the 

5  State,  not  to  exceed  three,  who  may  be  aiding  said  free 


lS58-’9.] 


House  Bill  jNto.  1. 


5 


(I  persons  of  color  to  their  place  of  residence,  with  a  salary 

7  not  to  exceed  live  hundered  dollars  each,  to  be  paid  out  of 

8  any  money  collected  and  paid  into  the  Public  Treasury 
b  by  virtue  of  this  Act. 

Sec.  13.  Be  it  further  enacted ,  That  the  County  Court 

2  Clerk  shall  execute  bonds,  with  such  security,  and  in  such 

3  sums  as  the  Court  may  approve,  and  direct  payable  to  the 
4-  State  of  North-Carolina,  and  any  Clerk  who  shall  fail  to 
5  comply  with  this  Act,  shall  be  subject  to  the  same  penal¬ 
ty  ties  as  they  are  now  by  law,  for  the  neglect  or  violation 
7  in  other  cases. 

Sec.  14.  Be  it  further  enacted,  That  should  any  Coun- 

2  tv  Commissioners  or  Commissioner  appointed  by  the  Gov- 

3  ernor,  under  circumstances,  sell  or  cause  to  be  sold  any 

4  one  of  the  free  persons  of  color,  contrary  to  the  true  mean- 

5  ing  of  this  Act,  they  shall  be  subject  to  indictment,  and 
t>  on  conviction,  shall  suffer  the  same  penalty  as  is  now  pre- 

7  scribed  by  law  for  the  offence  of  selling  free  negroes  or 

8  persons  of  color. 


" 


i 

. 

■ 


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:•  :  £ 

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ft  '  .  '  r 

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,  $  •  t 


House  Bill,  No.  2.]  [Ses.  1 858— ’9. 

Introduced  by  Mr.  Moore,  of  Martin. 

"  - — - - - — — - 

Holden  &  Wilson,  Printers  to  the  State. 


A  BILL  TO  INCREASE  THE  NUMBER  OE  SLAVE¬ 
HOLDERS  IN  N.  CAROLINA,  AND  TO  STRNGTII- 
EN  THE  DOMESTIC  INSTITUTION  OF  AFRICAN 
SLAVERY. 

Sec.  1.  Be  it  enacted  by  the  General  Assembly  of  the 

2  State  of  North- Carolina,  and  it  is  hereby  enacted  by  the 

3  authority  of  the  same ,  That  from  and  after  the  first  day  of 

4  March,  eighteen  hundred  and  fifty-nine,  every  white  per- 

5  son  in  the  State  of  North-Carolina,  competent  to  hold  and 

6  dispose  of  property,  in  his  or  her  own  right,  shall  be  en- 

7  titled  to  hold  and  possess  one  negro,  exempt  from  execu- 

8  fions,  and  if  said  negro  be  a  woman,  her  issue  shall  like- 

9  wise  be  exempted  from  executions  until  they  shall  have 

10  attained  respectively  the  age  of  ten  years.  Provided , 

11  nevertheless,  that  nothing  herein  contained  shall  be  so  con- 

12  strued  as  to  prevent  the  collection  of  any  debt  contracted 

13  before  this  act  shall  go  into  effect. 

Sec.  2.  Be  it  further  enacted ,  That  all  persons  who  are 

2  desirous  of  availing  themselves  of  the  privileges  confered 

3  by  this  act  shall  deposit  in  the  office  of  the  county  court 
•I  clerk,  a  written  declaration  givingdue  notice  of  the  same  ; 

5  a  copy  of  which  shall  be  duly  advertised  by  the  county 

6  court  clerk,  at  the  court-house  door,  not  less  than  thirty 

7  days  immediately  preceding  any  court  of  Pleas  and  Quai- 

8  ter  Sessions  for  said  county. 

Sec.  3.  Be  it  further  enacted ,  That  any  subsequent 

2  court  of  Pleas  and  Quarter  Sessions  shall,  on  application, 

3  order  the  clerk  to  issue  duplicate  certifiates,  one  to  the 


[1858-’9. 


2  Souse  Bill  So.  2. 

4  applicant  and  the  other  to  be  filed  in  the  office  of  the 

5  clerk,  giving  the  name,  age  and  sex  of  the  negro  selected 

6  by  the  applicant  to  be  exempted,  and  declaring  said  slave 

7  to  be  free  and  exempt  from  any  levy  or  sale  under  any 

8  execution  or  process  issuing  from  any  court  of  law  or  equity 

9  upon  any  judgment  for  any  obligation,  demand  or  liability. 

Sec.  4.  Be  it  f  urther  enacted ,  That  the  clerk  of  the 

2  county  court  shall  be  entitled  to  the  sum  of  one  dollar 

3  from  the  person  or  persons  so  claiming  the  benefits  of  this 

4  act. 


r-  *  *~ 


v 


